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(영문) 대구지방법원 영덕지원 2017.11.01 2017고단80
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2011, the Defendant received a summary order of a fine of five million won or more due to a violation of the Road Traffic Act (driving in drinking), in support of the development of a water source method, and on February 3, 2015, the Defendant received a summary order of 3.5 million won or more for the same crime from the development of a water source method center and received a summary order of 3.5 million won or more for the same crime.

On March 24, 2017, the Defendant driven a C-wing truck with approximately 150 meters alcohol level at around 0.131% while under the influence of alcohol level at around 0.131% in the direction of the convenience store in the middle of 74-1 in the middle of the same ri-ray, Ulsan-gun, Ulsan-do.

Summary of Evidence

Defendant’s legal statement of traffic accident occurrence report, actual condition investigation report, driver’s circumstantial statement, main driver’s detection report, driver’s driver’s license register, tea inquiry report, and drinking control records in Chapter 3: (A) inquiry report, such as criminal history, etc.; and (1) investigation report (verification of previous history); pertinent legal provisions on criminal facts subject to the applicable Acts and subordinate statutes; Articles 148-2(1)1 and 44(1)3 of the Act on the Mitigation of Small Quantity Reduction of Punishment (Selection of Imprisonment), Article 62-2 of the Act on the Suspension of Execution of Sentence 3 of Article 62-2 of the Criminal Act, including the following circumstances, and the degree of driving at the time of drinking, distance, Defendant’s health conditions, Defendant’s age, Defendant’s environment, motive, means, results, etc.; and (2) punishment shall be determined in consideration of all the following circumstances; and

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because a person has been sentenced twice to a fine due to driving of drinking, even though he/she had a record of being sentenced to a fine: The defendant repents his/her wrong act and reflects his/her wrong act, and the person who wants to take the place of

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